As Airbnbs become more and more popular in the UK, inevitably so will noise complaints.
But, if you’re one of those people affected by a nuisance Airbnb neighbour, what are your rights? And what can you do?
In her latest article, Zoe Burcombe sketches out everything you need to know to stop a nuisance Airbnb neighbour.
Is my neighbour allowed to run an Airbnb?
This depends on many factors and, even where an Airbnb is permitted, your neighbour may have to get permission to run it.
For example, if there is a restrictive covenant on their property which restricts the use, they will probably need covenant consent.
Other permissions that they might need include:
- Planning permission,
- Consent from their mortgage lender,
- Local authority,
- House insurer, and
- If the property is leasehold, consent from the freeholder.
If your neighbour is using their property as an Airbnb and you don’t think they are allowed to, you should seek legal advice. At Frettens, our Litigation team will be able to review the title documents/lease and advise on whether the Airbnb is legal.
You can find out more about obtaining permission for an Airbnb here.
What can you do if a neighbour breaks a covenant?
The most common restrictive covenants prevent a property-owner from sub-letting, causing nuisance to neighbours and carrying out business at a property.
If you think that your neighbour is breaching a covenant by, for example, running an Airbnb without permission or by causing nuisance to neighbours with noisy guests, you may be able to take action by enforcing a covenant.
Enforcing a covenant against your neighbour can be difficult as it depends on whether the covenant benefits your property and, if so, whether that benefit has passed down to or still lies with the original owner of your property.
What if the covenant doesn’t benefit me?
If the covenant doesn’t benefit your property, but is advantageous to another party, you won’t be able to enforce the covenant but could report the breach to the benefitting party. It is then up to them whether they wish to take action.
Our Property Litigation team would be happy to discuss your options with you. We offer a free initial appointment for all new clients, where we can take a look at your situation. Call us on 01202 499255, or fill out the form at the top of this page, to get in touch.
Related: Boundary disputes between neighbours – Your questions answered
What is the Airbnb Neighbour policy?
Airbnb have their own Community Disturbance Policy which prohibits hosts from advertising their properties as party venues and guests having disruptive gatherings. This policy aims to maintain respect in local communities and avoid disturbing neighbours.
Can you complain to Airbnb about noise?
Part of Airbnb’s Community Disturbance Policy allows you to report a disruption via the Neighbourhood Support function.
You can find the Neighbourhood Support here.
Can I complain to the council about an Airbnb?
In the full article, Zoe outlines how to report an Airbnb to your council, and answers more questions on neighbour Airbnbs.